Where do DSS get their 'Capital' figures from ?

[Furkin]

HI all,

I am under investigation by the DSS for not informing tham that my benefits went over £8000 at some point a couple of years ago,,,,, just for a week whilst I was buying something.
Today I received a bundle of forms (A14 assessment reports) telling me how much overpayments have been made for the last 4 years.
The forms state an amount as 'Capital' held,,,,,, but the figures that they quote bear no resemblance to my bank statements (where they "supposedly" got the info' from).

1/ I have the option to challenge them, but was wondering if there is an Independant organisation out there that I can contact first - or indeed a solicitor that takes on these cases ?

2/ I was under the impression that up to £8000 we don't need to mention it to them.
At £8k we have to tell them - & they cut the benefit accordingly.
At £16k - benefits stop altogether.

Have I got this wrong ???

3/ When we Log-On to this forum, how can we go straight to our own posts ?

cheers all

[Conniff]

I don't know the answer to the benefits question, but No3, when someone answers you will get an email, just click on the link in the email, it will take you directly there.

[Furkin]

Thanks Conniff,
I mean, when I initially log-on, I want to see my own posts as I have a couple of them running.

thanks anyway

[andyorch]

Hi Furkin

Just hit the User CP button top left and will show al your subscriptions and threads


Regards
Andy

[Furkin]

thanks andy,,,, i'm sure I tried that earlier & the link didn't take me where I thought I was going ?!?!
seems to be o,k know.

thanks again,,,,,,,,,

[Zamzara]

Originally Posted by Furkin

2/ I was under the impression that up to £8000 we don't need to mention it to them.
At £8k we have to tell them - & they cut the benefit accordingly.

It's £6000, but at £2000 over that it shouldn't cause a huge overpayment (£8 per week while it was at that level.)

The only problem I can see is that whatever you bought may be considered as capital too.

[Bookworm]

Sorry, I don't know the answer about DSS, but to see your own posts:

Click on your UserCP, then "view all subscribed threads", it will show you them all. Or you can click on your own username, and "find all posts by" or "find all threads started by", whichever it is that you need.

[ss002d6252]

You've got to inform them of all capital even if its under the set limits.

They get figures via bank accts and possibly estimates of capital held - its no t unknown for them to have accidentally considered bank accts held by similar named people.

[robin9342]

It depends on exactly what you bought and why and on where the extra money came from. As you know, there are rules about how capital affects how much benefit you get, but there are also rules about disposal of capital (also known as deprivation).

You would need to give all the details to the DWP as there are some things you are allowed to spend your capital on and others that you are not.

As an example (from the Housing Benefit Regs, which I believe would be the same for Income Support/JSA):
DWP - Resource centre - Information for local authorities - Publications - Guidance and manuals - Housing Benefit Guidance Manual - Part B - BP1 - Assessment of capital (continued)

[Furkin]

thanks all for your input (I hope other readers are learning from it also)

My 'extra' money is from my DLA Mobility. I get this for the reasons of,,,,well,,, mobility. In my case - to buy a car.

DLA is supposed to be disregarded by I.Support etc etc & is specifically for mobility.

Why give us DLA from one DWP department - only to have it taken off us by another DWP department ?

The whole thing stinks

[stardust_john]

Try not to slate me here but as a person on dla I would think their view is that how could the money for mobility be paying for the mobility when it is in the bank another words do you really need it. I can understand certain savings towards a car and for deposit for finance etc or mobility payments car mainataneance, (mot) etc, but I have to say I cant understand how I would justify a saving of thousands of pounds even if it was not near the top limit.
I would not be able to justify saying my mobility is being saved untill I have the cost of a car I consider suits me. It would quite a few years of savings to afford a car outright.
You probably wont like what I said and I dont know your circumstances so dont be offended, but maybe that is how the dwp see it. Just an idea. You have to remember they offer ways of obtaining a car in mobility for imediate need asap and not saving for years. So I think you'll have a tough time arguing otherwise, though good luck. ps I dont get high rate but understand the difference in ammounts.

[Furkin]

John - No probs mate. I entered a public forum and expect to give out my opinions - it would be churlish not to expect the same.

I have always been a 'car' person & have driven all my life. This is my one & only chance to get a good car.
As you say - the mobility people do offer a couple of options,,, which are just that - options.
My carer for example, has gone down the 'Lease' route - as it suits her.
She can't see why I would want to buy outright,,,, but on the other hand, I can't understand why she would want to lease - horses for courses.

Another 'option' is that I gave up drinking, smoking & god knows what to try saving up,,,, I might just as well squandered it down the pub,,,,,

all the best John

[Conniff]

You should do what others do Furkin - put in your childrens accounts.

[stardust_john]

Furkin - Thanks for taking the comment so well. Trouble is when we are given these benefits, we are to manage it ourselves etc. I understand that they have a right to question us about it, but do think they should set down more detailed guidelines to say ie, We understand you may wish to save towards a car and emergencies. It just feels like big brother is watching, when only a small minority do it deliberately. I dont fully understand the ins and outs of capiital etc so I would dread to be in that position. Another angle is if you were doing anything wrong, why didnt they tell you sooner, they have access to our accounts after all.
Best wishes

[Furkin]

Thanks again John (& others)
Sorry for the delay - been ill.

I have received forms from them (A14) going back to 2004 (!?).
My 'Capital' (call it working capital or day-to-day living money) was a couple of hundred pounds - so I have a big argument coming up with them on that point alone.

As I am disabled I get DLA. Part of the DLA (that is suppposed to be disregarded by the DSS) is for my mobility. I realise that there are several options of going about this, & I chose to buy a car outright & look after the tax/insurance etc myself - as is my right.

After 8 months of waiting for the DSS to make a decision (?!?!) I have been searching & searching for anything in the DLA legislature for anything that says I can't do this my way, but can’t find anything.
I have been in contact with the DLA themselves, who weren’t very sympathetic, nor could they help me out with the legalities of this point.

I have now written to the Minister for Works & Pensions – just to get them to clarify this point.

Any reply will be put on here for other readers.

Cheers all